Tennessee Code 55-12-209 – Confidentiality of information – Utilization of program by law enforcement officers – Insurers permitted to utilize third-party vendors – Application to vehicles insured under commercial automobile coverage – Annual report
(a) Any information obtained by the department of revenue, or its designated agent, from the program is for the sole use of the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate this chapter and is not a public record for purposes of title 10, chapter 7, nor discoverable in the course of legal proceedings.
Terms Used In Tennessee Code 55-12-209
Commercial automobile coverage: means any coverage provided to an insured, regardless of the number of vehicles or entities covered, under a commercial coverage form and rated from a commercial manual approved by the department of commerce and insurance. See Tennessee Code 55-12-203
Designated agent: means a third-party vendor that the department of revenue may contract with to develop, implement, and administer the program. See Tennessee Code 55-12-203
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
program: means an insurance verification program that is created in compliance with the online verification system and data transfer standards, specifications, model, and guide of the IICMVA, and developed, implemented, and administered by the department of revenue in compliance with this part. See Tennessee Code 55-12-203
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
(b) The department of safety shall cooperate with the department of revenue in developing, implementing, and maintaining the program.(c) A law enforcement officer from a jurisdiction that has reasonable access to the program shall utilize the program to verify proof of financial responsibility as required by § 55-12-139.(d) Nothing in this part precludes a law enforcement officer from a jurisdiction that does not have reasonable access to the program from utilizing the program to verify proof of financial responsibility as required by § 55-12-139.(e) Nothing in this part prohibits an automobile liability insurer from using the services of a third-party vendor to comply with this part.(f) This part shall not apply to motor vehicles insured under commercial automobile coverage; however, insurers of those vehicles may participate on a voluntary basis. Automobile liability insurers shall provide commercial automobile customers with evidence reflecting that the vehicle is insured under a commercial automobile policy. Sufficient evidence may include an insurance identification card that clearly identifies the policy as providing commercial automobile coverage.(g) No later than January 1, 2019, and annually thereafter, the department of revenue and the department of safety shall issue a joint report to the general assembly, evidencing:
(1) The costs of the program to the department of revenue, insurers, and the public;(2) The effectiveness of the program in reducing the number of uninsured motor vehicles;(3) The number of persons complying with the financial responsibility requirements of this chapter through means other than motor vehicle liability insurance;(4) The number of persons convicted per year for failing to show evidence of financial responsibility pursuant to § 55-12-139; and(5) If available, the number of motor vehicle accidents involving an uninsured motorist on an annual basis since January 1, 2016.
